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with the 9th u.s. circuit court of appeals in san francisco but it appears only the prison can actually -- if the 9th circuit u.s. court doesn't grant -- [ inaudible ] >> reporter: -- only then. the condemned man is albert green woofed brown. he was sentenced to death in 1982 for the rape and murder of a 15-year-old riverside, california, girl. this morning attorneys speaking for brown will ask a marin superior court to stay the execution. they say changes to the lethal injection protocol are minor and that the judge that allowed it to go forward doesn't respond correctly or allow public commentment yesterday he missed a deadline to choose between a one drug execution and a three drug execution. >> the judge's ruling today really gives albert brown a hobson's choice, which is no choice at all. judge fogel is saying albert brown must either give up his rights under the federal constitution or his rights under state law. it is completely unfair. >> the 9th circuit court of appeal will look at several of the issues including the judge's ruling itself. the judge, who said there are several
us this wednesday september 8th. i'm pam cook. >> ready for a brand new day? >> yep. >> good morning. i'm dave clark. let's check weather and traffic. here's steve. >> thank you very much. it will feel very fall-like today. we have a lot of drizzle. some of that is adding up to [ audio problems ] rain that's fine with me. starting to click on the old rain gauge especially along peninsula, skyline, along the coast and city. windy and cooler today. now we'll get the clouds in the morning and clear up. watch for some clouds to build up inland later this afternoon highs 60s and 70s. that's it. here's sal. >>> good morning, steve, right now 80 westbound traffic moving along very nicely heading off to the macarthur maze. no major problems there. also this morning ice commute on southbound 101 is looking good approaching the 580 interchange. 601 back to the desk. >>> sal, thank you. police now have a new clue in their search for a serial arsonist who has been targeting sunny vale. 15 fires have been reported in the area east of fair oaks avenue just since may. ktvu's with an update from the
their city uniforms for new attire. the morning news continues. >>> good morning. thank you for joining us this thursday september 2nd. i'm pam cook. [ audio problems ] >> i'm dave clark. let's check weather and traffic. here's steve. >>> all right, pam and dave, thank you very much. good morning. skies are clear. fog is pretty far out there. it's getting closer but not going to be a factor at least through the first part of today and temperatures will start to rock up. officially 68 in san francisco. 88 today. 90s down toward santa cruz. upper 80s, low to mid-90s and few upper 90s as you work your way inland. >>> steve, right now highway 4 is recovering after we had an earlier problem blocking the left lane for a bit westbound 4 at willow pass. the accident has been cleared. they've towed the cars away but traffic is still slow as you come up there. bay bridge toll plaza looks pretty good here westbound so far getting into san francisco. now back to the desk. >>> time now 6:01. we've got new information this morning about the possible motive in the killing spree that spans three bay area
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